Western District of New York • 1:26-cv-01289
Bustos-Millan v. Venturella
Active
Case Information
Filed: June 24, 2026
Assigned to:
John Leonard Sinatra Jr.
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
June 24, 2026
Parties:
View All Parties →
Docket Entries
#1
Jun 23, 2026
PETITION for Writ of Habeas Corpus (Filing fee $ 5.00 ANYNDC-7655185 ) filed by Alfredo Bustos-Millan. (Attachments: # 1 Civil Cover Sheet)(nas ) [Transferred from nynd on 6/24/2026.] (Entered: 06/23/2026)
Main Document:
PETITION
#2
Jun 24, 2026
TEXT ORDER: Petitioner seeks federal habeas relief, pursuant to § 28 U.S.C. 2241, challenging his unlawful custody in Buffalo Federal Detention Facility in Batavia, NY. "Whenever a § 2241 habeas petitioner seeks to challenge his present physical custody within the United States, he should... file the petition in the district of confinement." Rumsfeld v. Padilla, 542 U.S. 426, 447 (2004). Buffalo Federal Detention Facility in Batavia, NY is located in Genesee County, New York, in the Western District of New York ("Western District"). See 28 U.S.C. § 112(d). Consequently, the action shall be transferred to the Western District and, given the significant liberty interests at stake and the time-sensitivity of petitioner's claims, this Court waives the seven-day waiting period customarily afforded under the Local Rules and respectfully directs the Clerk to effectuate the transfer as soon as possible. SO ORDERED by U.S. District Judge Anthony J. Brindisi on June 24, 2026. {text order served via email on Attorney Andrew Russell}(nas ) [Transferred from nynd on 6/24/2026.] (Entered: 06/24/2026)
#3
Jun 24, 2026
Case transferred in from District of New York Northern; Case Number 9:26-cv-01286. (Entered: 06/24/2026)
Main Document:
Case
#4
Jun 24, 2026
TEXT ORDER. Through counsel, Petitioner seeks relief under 28 U.S.C. § 2241. Dkt. 1. Respondents shall respond to the petition by July 8, 2026, and Petitioner's reply is due by July 15, 2026. In their filings, the parties shall address whether and how the Second Circuit's decision in Da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026), applies. The Clerk of Court shall serve a copy of the petition (Dkt. 1), and a copy of this text order, electronically via a Notice of Electronic Filing to the United States Attorney's Office, Western District of New York at USANYW-Immigration-Habeas@usdoj.gov. SO ORDERED. Issued by Hon. John L. Sinatra, Jr., on 6/24/2026. (KEF)This was mailed to: Counsel for Petitioner. (Entered: 06/24/2026)
Jun 24, 2026
Case assigned to Hon. John L. Sinatra, Jr. Notification to Chambers of electronic case transfer. (CGJ)
Jun 24, 2026
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (CGJ)
Jun 24, 2026
Remark: Chambers emailed 1 Petition to USANYW-Immigration-Habeas@usdoj.gov. (KLH)
Parties
Bustos-Millan
Party
Venturella
Party